Availability of additional procedures

Republic of South Africa

Implementation of the Rome Statute of the International Criminal Court (Act No. 27 of 2002)

Chapter 1
Definitions, Objects and Interpretation of an Act (ss 1-3)

3 Objects of Act

(e) in the event of the national prosecuting authority declining or being unable to prosecute a person as contemplated in paragraph (d), to enable the Republic to cooperate with the Court in the investigation and prosecution of persons accused of having committed crimes or offences referred to in the Statute, and in particular to

(i) enable the Court to make requests for assistance;

(ii) provide mechanisms for the surrender to the Court of persons accused of having committed a crime referred to in the Statute;

(iii) enable the Court to sit in the Republic; and

(iv) enforce any sentence imposed or order made by the Court.

Chapter 5
Miscellaneous (ss 33-40)

33 President may enter into agreements

(1) The President, as head of the national executive, may, on such conditions as he or she deems fit, enter into any agreement with the Court, including any agreement relating to the provision of assistance to the Court, and he or she may agree to any amendment or revocation of such agreement.

(2) The provisions of section 231 of the Constitution apply to an agreement referred in subsection (1).

(3) Any agreement contemplated in subsection (1) and any amendment or revocation thereof must be published by the Cabinet member responsible for the administration of justice by notice in the Gazette.

Rome Statute

Article 88 Availability of procedures under national law

States Parties shall ensure that there are procedures available under their national law for all of the forms of cooperation which are specified under this Part.